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      Capitol attack panel moves closer to issuing subpoenas to Republicans

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      Capitol attack panel moves closer to issuing subpoenas to Republicans Refusal to assist the investigation has caused the sentiment to turn towards taking near-unprecedented action, sources say Members on the House select committee investigating the Capitol attack on 6 January are moving closer to issuing subpoenas to Republican members of Congress to compel their cooperation in the inquiry – though it has started to dawn on them that they may be out of time.The panel is expected to make a final decision on the subpoena question over the next couple of weeks, according to sources directly familiar with internal deliberations, with House investigators needing to start wrapping up their work ahead of public hearings in June.While the members on the select committee remain undecided about whether to subpoena Republican members of Congress, their refusal to assist the investigation in any form has caused the sentiment to turn towards taking that near-unprecedented action, the sources said.The shifting view has come as a result of the dismay among the members in January, when House minority leader Kevin McCarthy and others turned down requests for voluntary cooperation, turning to anger after three more of Donald Trump’s allies last week refused to cooperate.What has changed in recent weeks in the select committee’s assessment is that they cannot ignore the deep involvement between some Republican members of Congress and the former president’s unlawful schemes to overturn the results of the 2020 election, the sources said.The recent letters to House Republicans Mo Brooks, Andy Biggs and Ronny Jackson – Trump’s former White House doctor – provided just a snapshot of the entanglement, the sources said, with the Trump White House, and potentially the militia groups that attacked the Capitol.House investigators are particularly interested in any potential connections between Republican members of Congress and the Oath Keepers and Proud Boys militia groups, the sources said, since those groups were actually involved in the riot element of January 6.The select committee wanted to interview Jackson, for instance, to establish how the Oath Keepers came to learn as they stormed the Capitol that he had “critical data to protect” and needed “protection”, according to text messages revealed in court filings.But the panel has been holding off compelling that information with subpoenas, anxious about the inevitable circus that would accompany such a move and, as the Guardian reported in January, embolden Republicans to subpoena Democrats if they take the House in 2022.The select committee told itself, the sources said, it might be able to avoid the issue altogether if it could get the information it needed from other places, like it did with Trump’s former chief of staff Mark Meadows when his aides provided testimony.But that has not happened, and especially not with respect to the issue of potential connections between Republican members of Congress and the militia groups, whose members are now largely unable to talk to the panel having been placed under criminal investigation by the DoJ.The trouble for the select committee is that it may have run out of time to go down the subpoena route.Even if the panel were now to issue a bevy of subpoenas to House Republicans, if their colleagues decide to ignore the subpoenas, the only real option it has to enforce the orders would be to pursue action through the slow-grinding cogs of the judicial system.That enforcement mechanism would likely take months, according to former prosecutors – an exercise potentially of little use to a panel that is seeking to start wrapping up depositions before public hearings in June and expects to publish a final report in September.But some members believe Republicans may just cooperate if they are subpoenaed, the sources said, since Republican subpoenas to Democrats in a future investigation would only have teeth if Republicans don’t defang the very congressional subpoenas first – by defying them.TopicsUS Capitol attackUS politicsDonald TrumpJoe BidenUS elections 2020RepublicansnewsReuse this content More

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      in Elections

      San Francisco judge rejects Trump lawsuit challenging Twitter suspension

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      San Francisco judge rejects Trump lawsuit challenging Twitter suspensionThe former president was banned from from the social media platform after the deadly US Capitol attack A US judge on Friday dismissed Donald Trump’s lawsuit against Twitter that challenged his suspension from the platform.In a written ruling, US district judge James Donato in San Francisco rejected Trump’s argument that Twitter violated his right to freedom of speech guaranteed by the first amendment of the US constitution.Florida pension fund sues Elon Musk and Twitter to stop buyoutRead moreTwitter and other social media platforms banned Trump from their services after a mob of his supporters attacked the US Capitol in a deadly riot on 6 January2021 .That assault came after a speech by Trump in which he reiterated false claims that his election loss in November was because of widespread fraud, an assertion rejected by multiple courts and state election officials.Trump’s lawyers alleged in a court filing last year that Twitter “exercises a degree of power and control over political discourse in this country that is immeasurable, historically unprecedented, and profoundly dangerous to open democratic debate”.At the time of removing Trump’s account permanently, Twitter said his tweets had violated the platform’s policy barring “glorification of violence”. The company said then that Trump’s tweets that led to his removal were “highly likely” to encourage people to replicate what happened in the Capitol riots.Before he was blocked, Trump had more than 88 million followers on Twitter and used it as his social media megaphone.TopicsDonald TrumpTwitterUS Capitol attackSocial medianewsReuse this content More

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      Marjorie Taylor Greene is qualified to run for re-election, Georgia official says

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      Marjorie Taylor Greene is qualified to run for re-election, Georgia official saysSecretary of state Brad Raffensperger accepts judge’s findings and says far-right congresswoman, a Trump ally, is eligible to run The Georgia secretary of state, Brad Raffensperger, has accepted a judge’s findings and said the far-right Republican congresswoman Marjorie Taylor Greene is qualified to run for re-election.Georgia sees first major test for a Republican defending democracy | The fight to voteRead moreA group of voters filed a challenge saying Greene should be barred under a seldom-invoked provision of the 14th amendment concerning insurrection, over her links to the January 6 attack on the US Capitol by supporters of Donald Trump.A state administrative law judge, Charles Beaudrot, last month held a hearing on the matter and found that Green was eligible. He sent his findings to Raffensperger, who was responsible for the final decision.It was an awkward position to be in for the secretary of state who drew the ire of Trump after he resisted pressure to overturn Joe Biden’s victory in Georgia.Greene has been a staunch Trump ally and has won his endorsement for her reelection bid while continuing to spread unproven claims about the 2020 election being “stolen”.Raffensperger has defended the integrity of the election in Georgia but is facing a tough primary challenge from a Trump-backed US congressman, Jody Hice.Beaudrot held a day-long hearing last month that included arguments from lawyers for the voters and for Greene and questioning of Greene herself.During the hearing, Ron Fein, a lawyer for the voters, noted that in a TV interview the day before the attack at the Capitol, Greene said the next day would be “our 1776 moment”.“In fact, it turned out to be an 1861 moment,” Fein said, alluding to the start of the civil war.Greene has become one of the GOP’s biggest fundraisers by stirring controversy and pushing baseless conspiracy theories. During the hearing, she was defiant and combative under oath.She repeated the unfounded claim that fraud led to Trump’s loss, said she didn’t recall incendiary statements and social media posts and denied supporting violence.While she acknowledged encouraging a rally to support Trump, she said she wasn’t aware of plans to storm the Capitol or to disrupt the electoral count using violence.Greene said she feared for her safety during the riot and used social media to encourage people to remain calm.Marjorie Taylor Greene accused of lying in hearing in Capitol attack caseRead moreThe challenge is based on a section of the 14th amendment that says no one can serve in Congress “who, having previously taken an oath, as a member of Congress … to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same”.Ratified after the civil war, it was meant in part to keep out representatives who had fought for the Confederacy.James Bopp, a lawyer for Greene, argued that his client engaged in protected political speech and was herself a victim of the Capitol attack. He also argued the administrative law proceeding was not the appropriate forum to address such weighty allegations.The challenge amounted to an attempt “to deny the right to vote to the thousands of people living in the 14th district of Georgia by removing Greene from the ballot”, Bopp said.TopicsUS Capitol attackRepublicansGeorgiaUS politicsThe far rightUS CongressHouse of RepresentativesnewsReuse this content More

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      Trump ally Marjorie Taylor Greene can run for reelection, Georgia judge says

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      Marjorie Taylor Greene is qualified to run for re-election, Georgia official saysSecretary of state Brad Raffensperger accepts judge’s findings and says far-right congresswoman, a Trump ally, is eligible to run The Georgia secretary of state, Brad Raffensperger, has accepted a judge’s findings and said the far-right Republican congresswoman Marjorie Taylor Greene is qualified to run for re-election.Georgia sees first major test for a Republican defending democracy | The fight to voteRead moreA group of voters filed a challenge saying Greene should be barred under a seldom-invoked provision of the 14th amendment concerning insurrection, over her links to the January 6 attack on the US Capitol by supporters of Donald Trump.A state administrative law judge, Charles Beaudrot, last month held a hearing on the matter and found that Green was eligible. He sent his findings to Raffensperger, who was responsible for the final decision.It was an awkward position to be in for the secretary of state who drew the ire of Trump after he resisted pressure to overturn Joe Biden’s victory in Georgia.Greene has been a staunch Trump ally and has won his endorsement for her reelection bid while continuing to spread unproven claims about the 2020 election being “stolen”.Raffensperger has defended the integrity of the election in Georgia but is facing a tough primary challenge from a Trump-backed US congressman, Jody Hice.Beaudrot held a day-long hearing last month that included arguments from lawyers for the voters and for Greene and questioning of Greene herself.During the hearing, Ron Fein, a lawyer for the voters, noted that in a TV interview the day before the attack at the Capitol, Greene said the next day would be “our 1776 moment”.“In fact, it turned out to be an 1861 moment,” Fein said, alluding to the start of the civil war.Greene has become one of the GOP’s biggest fundraisers by stirring controversy and pushing baseless conspiracy theories. During the hearing, she was defiant and combative under oath.She repeated the unfounded claim that fraud led to Trump’s loss, said she didn’t recall incendiary statements and social media posts and denied supporting violence.While she acknowledged encouraging a rally to support Trump, she said she wasn’t aware of plans to storm the Capitol or to disrupt the electoral count using violence.Greene said she feared for her safety during the riot and used social media to encourage people to remain calm.Marjorie Taylor Greene accused of lying in hearing in Capitol attack caseRead moreThe challenge is based on a section of the 14th amendment that says no one can serve in Congress “who, having previously taken an oath, as a member of Congress … to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same”.Ratified after the civil war, it was meant in part to keep out representatives who had fought for the Confederacy.James Bopp, a lawyer for Greene, argued that his client engaged in protected political speech and was herself a victim of the Capitol attack. He also argued the administrative law proceeding was not the appropriate forum to address such weighty allegations.The challenge amounted to an attempt “to deny the right to vote to the thousands of people living in the 14th district of Georgia by removing Greene from the ballot”, Bopp said.TopicsUS Capitol attackRepublicansGeorgiaUS politicsThe far rightUS CongressHouse of RepresentativesnewsReuse this content More

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      in Elections

      New York judge’s son who stormed US Capitol gets prison sentence

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      New York judge’s son who stormed US Capitol gets prison sentenceAaron Mostofsky sentenced to eight months in prison and a year under federal supervision with 200 hours of community service A New York state judge’s son who dressed like a caveman and helped a pro-Donald Trump mob storm the US Capitol has received a prison sentence for his role in the 6 January 2021 attack.Aaron Mostofsky, 35, must spend eight months in prison – and after his release, he must spend a year under federal supervision while also performing 200 hours of community service, a US district court judge in Washington DC ruled Friday.Rudy Giuliani backs out of interview with Capitol attack committeeRead moreThe judge, James Boasberg, also ordered Mostofsky to pay $2,000 in restitution to the federal government, court documents show.According to prosecutors, Mostofsky donned a caveman costume and wielded a walking stick while forming part of a deadly insurrection by Trump supporters who broke past a line of police officers trying to protect the Capitol on the day that Congress had convened there to certify Joe Biden’s win in the 2020 presidential election.He broke into the Capitol through a door that was forced open, stole body armor and a riot shield from the police, and even gave an on-camera interview to a media reporter, prosecutors alleged in a summary of the case that Mostofsky endorsed.Mostofsky, in the video interview, repeated Trump supporters’ lies that Biden had won thanks to election fraud. “The election was stolen. … We were cheated. … I don’t think 75 million people voted for Trump. I think it was close to 85 million,” Mostofsky said during the interview, according to court documents.The government argued that Mostofsky’s theft of the police equipment left officers more vulnerable than they otherwise might have been.A bipartisan Senate report connected seven deaths to the attack, which temporarily delayed congressional certification of Biden’s win.Prosecutors have charged about 800 people in the attack. More than 250 have already pleaded guilty, mostly to misdemeanors, and about 160 have been sentenced.Mostofsky in February pleaded guilty to felony civil disorder as well as two misdemeanors: theft of government property and entering and remaining in a restricted building or grounds. He technically faced up to seven years in prison when he appeared for his sentencing Friday in front of Boasberg, though defendants who plead guilty without going to trial generally don’t receive the harshest punishments available.Mostofsky’s father, Steven Mostofsky, is a judge in the Brooklyn-based New York supreme court’s second district.Attempts to contact an attorney for Aaron Mostofsky weren’t immediately successful Friday.TopicsUS Capitol attackNew YorknewsReuse this content More

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      Rudy Giuliani backs out of interview with Capitol attack committee

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      Rudy Giuliani backs out of interview with Capitol attack committeeFormer Trump lawyer was expected to appear at the interview on Friday, but canceled when the panel denied his request to record it Donald Trump’s former attorney Rudy Giuliani is not expected to appear at an interview scheduled for Friday with the House select committee investigating the January 6 Capitol attack, throwing into jeopardy the prospect of his cooperation, say sources familiar with the matter.US Capitol attack committee subpoenas Rudy Giuliani and other Trump lawyersRead moreThe move by Giuliani to cancel his appearance after the panel declined his request to record the interview means it may not secure documents and testimony from a central figure in Trump’s efforts to overturn the 2020 election in time for public hearings in June.Giuliani was expected to have revealed his contacts with Republican members of Congress and other matters not covered by executive privilege or attorney-client privilege as part of a cooperation deal that his lawyer had been negotiating for months, the sources said.The former attorney to the president had also indicated to the select committee that he was prepared to turn over materials about Trump’s schemes to return himself to office on January 6 that House investigators had outlined in a subpoena issued earlier this year.But, as the Guardian first reported in February, Giuliani told the panel he would only appear for an interview if it was not pursuant to that subpoena – in part because he considered the investigation illegal – and does not have to violate any claims of privilege.The select committee has conceded that Giuliani cannot violate privilege, the sources said, making a deal attractive to Giuliani, who can avoid being held in contempt of Congress by providing information the panel could not otherwise get – while also not giving up Trump.But that delicate arrangement appeared to fall apart on Thursday, after Giuliani also asked to record the interview to ensure he might not be caught in a perjury trap in a potential subsequent investigation, according to another source close to Giuliani.The no-show by Giuliani could also presage the breakdown of the entire cooperation deal, the source said, and Giuliani is expected to wait for the panel’s response to decide next steps. Giuliani may reschedule the interview if the impasse is resolved.“Giuliani is an important witness to the conspiracy to overthrow the government and he remains under subpoena,” a spokesperson for the select committee said. “If he refuses to comply, the committee will consider all enforcement options.”House investigators have been particularly determined to get the cooperation from Giuliani, one of Trump’s closest advisers involved in efforts to overturn the 2020 election from the very start – and could provide unique insights into the events of January 6.Giuliani could speak to events such as a 18 December 2020 meeting in the Oval Office where Trump reviewed a draft executive order to seize voting machines and verbally agreed to install conspiracy theorist Sidney Powell as special counsel to investigate election fraud.The Guardian has reported that Giuliani then led the Trump “war room” at the Willard hotel in Washington DC when Trump called from the White House and discussed ways to stop Biden’s certification – and could speak to non-privileged elements of the plan.The cooperation deal would also technically involve Giuliani turning over documents in addition to appearing before the select committee, the sources said, but the logistics were unclear given the FBI last year seized his devices that he used on January 6.TopicsUS Capitol attackRudy GiulianiDonald TrumpnewsReuse this content More

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      Donald Trump Jr testifies before the committee on the events of January 6

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      Donald Trump Jr testifies before the committee on the events of January 6House panel also released text messages in which Donald Trump’s son begged the White House to get his father to condemn the riot Donald Trump’s oldest son has met with the congressional committee investigating the January 6 insurrection, according to two people familiar with the matter.The interview Tuesday with Donald Trump Jr comes as the bipartisan House committee moves closer to the former president’s inner circle of family members and political advisers.The younger Trump is of likely interest to the committee because of his proximity to his father on the day of the riot. Donald Trump Jr was seen backstage at the rally on the White House Ellipse that took place shortly before supporters of the then-president marched to the Capitol and breached the building.Militia group leader tried to ask Trump to authorize them to stop the transfer of powerRead moreIn several social media videos posted at the time of the January 6 attack, Trump Jr was seen with Kimberly Guilfoyle – then his girlfriend, now his fiancee – and other members of his family as his father prepared to make a speech that investigators believed rallied supporters to act violently that day.The House committee has also released text messages from 6 January 2021 in which Trump Jr pleaded with the White House to get his father to forcefully condemn the riot.“We need an Oval address. He has to lead now. It has gone too far and gotten out of hand,” Trump Jr wrote to Mark Meadows, then the White House chief of staff.Trump Jr is one of nearly 1,000 witnesses the committee has interviewed as it works to compile a record of the worst attack on the Capitol in more than two centuries. He is the second of Trump’s children known to speak to the committee; Ivanka Trump sat down with lawmakers for eight hours in early April. Her husband, Jared Kushner, has also been interviewed by the committee.Other allies of the former president have defied subpoenas from the committee and been referred to the justice department for potential prosecution on contempt of Congress charges. One of them, Stephen Bannon, was indicted last year after he refused to cooperate. That case is pending.The committee of seven Democrats and two Republicans is looking to wrap up its nearly 11-month investigation and shift into the public hearing phase. Hearings are set to begin 9 June and go on for four weeks. Lawmakers expect to bring out witnesses and present evidence in an effort to educate the public on the full scope of the attack and Donald Trump’s role in it.Trump Jr is no stranger to congressional investigations, having testified at least three times in House and Senate investigations of Russian interference in the 2016 presidential election.The two people who confirmed Trump Jr’s interview were granted anonymity to discuss the private session, which was not announced by the committee. TopicsDonald Trump JrUS Capitol attackDonald TrumpUS politicsnewsReuse this content More

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      Militia group leader tried to ask Trump to authorize them to stop transfer of power

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      Militia group leader tried to ask Trump to authorize them to stop transfer of powerJustice department alleges Oath Keepers’ Stewart Rhodes called unidentified presidential confidant on January 6 to make request Stewart Rhodes, the Oath Keepers militia group leader charged with seditious conspiracy over the January 6 attack on the Capitol, asked an intermediary to get Donald Trump to allow his group to forcibly stop the transfer of power, the justice department has alleged in court papers.The previously unknown phone call with the unidentified individual appears to indicate the Oath Keepers had contacts with at least one person close enough to Trump that Rhodes believed the individual would be a good person to consult with his request.Capitol attack committee requests cooperation from key Republican trioRead moreOnce the Oath Keepers finished storming the Capitol, Rhodes gathered the Oath Keepers leadership at about 5pm and walked down a few blocks to the Phoenix Park hotel in Washington, the justice department said on Wednesday in a statement of offense against Oath Keepers member William Wilson.The group then huddled in a private suite, the justice department said, where Rhodes called an unidentified person on speakerphone and pressed the person to get Trump to authorize them to stop the transfer of power after the Capitol attack had failed to do so.“Wilson heard Rhodes repeatedly implore the individual to tell President Trump to call upon groups like the Oath Keepers to forcibly oppose the transfer of power,” the document said. “This individual denied Rhodes’ request to speak directly with President Trump.”The extraordinary phone call indicates that Rhodes believed two important points: first, that he was close enough to the Trump confidant that he could openly discuss such a request, and second, that the confidant was close enough to Trump to be able to pass on the message.James Lee Bright, a lawyer for Rhodes, told the Guardian that he was uncertain about who his client called or whether the call took place.The previously unknown phone call surfaced on Wednesday in charging documents against Wilson, the leader of the North Carolina chapter of the Oath Keepers, who pleaded guilty to seditious conspiracy and obstruction of an official proceeding as part of a plea agreement.The statement of offense said that Wilson was involved in efforts to prepare for January 6 with the national leadership of the Oath Keepers, and how Rhodes added Wilson to the “DC OP: Jan 6 21” group chat on the encrypted Signal messaging app.“Rhodes, Wilson, and co-conspirators used this Signal group chat and others to plan for January 6, 2021,” the justice department said.On the morning of the Capitol attack, Rhodes confirmed on the group chat that they had several well equipped QRFs outside DC – a reference to quick reaction forces, that the government said it believes were on standby to deploy to the Capitol with guns and ammunition.At about 2.34pm, the justice department said, Wilson stormed into the Capitol through the upper West Terrace doors as one of the first co-conspirators to breach the building, and by 2.38pm, was helping to pry open the doors to the rotunda from the inside.The seditious conspiracy charge against Wilson – an offense that carries up to 20 years in federal prison – is the latest in a string of recent such indictments to members of the Oath Keepers. Wilson is cooperating with the the justice department in its criminal investigation into January 6.As part of the criminal investigation into January 6, the justice department is also examining connections between the Oath Keepers and the Proud Boys, another militia group, having obtained text messages showing the two groups were in touch before the Capitol attack.The House select committee investigating the Capitol attack also believes the Capitol attack included a coordinated assault perpetrated by the Oath Keepers and the Proud Boys to stop the certification of Joe Biden’s election victory, the Guardian first reported last month.TopicsUS Capitol attackUS politicsDonald TrumpTrump administrationUS justice systemnewsReuse this content More